HomeMy Public PortalAbout18-9514 Authorizing an Emergency Procurement, Approving the Hiring of Diamanti Construction Sponsored by: City Manager
RESOLUTION NO. 18-9514
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AUTHORIZING AN
EMERGENCY PROCUREMENT, APPROVING THE HIRING
OF DIAMANTI CONSTRUCTION AND DEVELOPMENT, INC.,
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR BAHMAN AVENUE SANITARY SEWER
CONTRUCTION IN AN AMOUNT NOT TO EXCEED THREE
HUNDRED AND TWO THOUSAND EIGHT HUNDRED
TWENTY DOLLARS ($302,820.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") requires sanitary sewer construction
on Bahman Avenue between Manhole 11A-51 at Dunad Avenue and Manhole 111A-72 at
Pump Station 11A; and
WHEREAS, Diamanti Construction and Development, Inc desires to provide the
services outlined in their Scope of Work attached hereto as Exhibit A, at a cost not to
exceed $302,820.00; and
WHEREAS, Chapter 2, Article VI, Section 2-320 (i) of the City of Opa-locka Code
of Ordinances states that if the City Manager determines in writing that a substantial loss to
the City requires emergency action, the agency may proceed with the procurement of the
contractual services necessitated by the immediate danger without competition; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
authorize an Emergency Procurement and approve the hiring of Diamanti Construction and
Development, Inc to provide Bahman Avenue Sanitary Sewer Construction.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby authorizes an Emergency Procurement, approves
the hiring of Diamanti Construction and Development, Inc and authorizes the City
Manager to enter into an agreement, in a form acceptable to the City Attorney, for
Resolution No. 18-9514
Bahman Avenue Sanitary Sewer Construction, in an amount not to exceed
$302,820.00
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re-codified copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 20th day of July, 2018.
fyr1 L. for
Mayor
Att • to: Approved as to form and legal sufficiency:
k.
Joan : Flores The Brown Law Group, LLC
City lerk City Attorney
Moved by: VICE MAYOR JOSEPH L. KELLEY
Seconded by: COMMISSIONER PIGATT
Commissioner Vote: 4-0
Commissioner Holmes: NOT PRESENT
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelley: YES
Mayor Taylor: YES
C,o
/
City of Opa-Locka �
Agenda Cover Memo /
Department Airia Austin Department
Director: Director Signature:
Finance Director: Bryan Hamilton FD Signature:
Department _�•
l I
Acting City Manager: Newall J. Daughtrey CM Signature: 1 Pi :Wilk
Commission 07.20.2018 Item Type: Resolution I rdina ce Oth
Meeting Date: X
(EnterXin box)
Fiscal Impact: Ordinance Reading: 1St Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
X Public Hearing: Yes No Yes No
(EnterX in box) x x
(Enter Fund Advertising Requirement: Yes No
Funding Source: &Dept) (EnterXin box) X
Account#: Ex:
$302,820.00
19-519992
Contract/P.O. Yes No RFP/RFQ/Bid#:
Required:
(EnterXin box)
Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list
Related X Enhance Organizational - the specific objective/strategy this item will
(EnterXin box) Bus.&Economic Dev address)
Public Safety p
Quality of Education 0
Qual.of Life&City Image t]
Communication t]
Sponsor Name City Manager Department: City Manager
Short Title:
A resolution of the City Commissions of the City of Opa-locka, Florida authorizing the City Manager to issue a
waiver of BID and to execute a contract with Diamanti Construction and Development, Inc. For the
replacement 347 Feet of 15"gravity main,and mnhole#MH-11A-72.
Staff Summary:
Due to the immediate danger to the public health,safety,and welfare of our residents it is in the best interest
of the city to approve this resolution.
Proposed Action:
Staff recommends the adoption of this Resolution to authorize the City Manager to accept and execute the
contract agreement.
Attachment:
1. Agenda
2. Contract Agreement
3. Scope of Services
4. Previous award
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CONTRACT AGREEMENT
BETWEEN
CITY OF OPA- LOCKA
AND
Diamanti Construction & Development,Inc
FOR
347' Clay Pipe Replacement on Bahman Avenue
Page 1 of 15
AGREEMENT
THIS IS AN AGREEMENT,dated the 20th day of July, 2018,between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY
and
Diamanti Construction &Development,Inc.
A licensed Company, authorized to do business in the State of Florida,
hereinafter "CONTRACTOR".
WITNES SETH:
In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set
forth, CITY and CONTRACTOR agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to generally
express the objectives, and intentions, of the respective parties herein, the following statements,
representations and explanations shall be accepted as predicates for the undertakings and commitments
included within the provisions which follow and may be relied upon by the parties as essential
elements of the mutual considerations upon which this Agreement is based.
1.1 On ,2018,the CITY awarded the CONTRACT and authorized the proper CITY
officials to enter into an agreement with CONTRACTOR to render the services more
particularly described herein below.
Page 2 of 15
ARTICLE 2
SCOPE OF WORK
2.1 The CONTRACTOR shall furnish all of the materials, tools, supplies, and labor necessary to
perform all of the work described in the Exhibit A for the replacement of 347'of Clay Pipe on
Bahman Avenue between Manhole on Sharazad Boulevard to Manhole 11A-72 in front of
Pump Station 11-A. A copy of the construction cost estimate is attached hereto and specifically
made a part of this Agreement as Composite Exhibit "A".
2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon
these representations when entering into this Agreement with CONTRACTOR, that
CONTRACTOR has the professional expertise, experience and manpower to perform the
services to be provided by CONTRACTOR pursuant to the terms of this Agreement.
2.3 CONTRACTOR assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with recognized professional standards for
specified services. If within One (1) year following completion of its services, such services
fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR,
CONTRACTOR agrees to re-perform such deficient services without charge to the CITY.
ARTICLE 3
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
3.1 The CONTRACTOR shall commence work to be performed under this Agreement beginning
, 2018. CONTRACTOR shall complete all work in a timely manner
substantially by , 2018 and final completion will be , 2018.
Should there be any delay in issuance of permit by the jurisdictional authorities
completion time will be adjusted accordingly.
3.2 Anything to the contrary notwithstanding, minor adjustment to the timetable for completion
approved by CITY in advance, in writing, will not constitute a delay by CONTRACTOR.
Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, riot or civil
commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall
extend this Agreement for a period equal to such delay and during this period such delay shall
not constitute a delay by CONTRACTOR for which liquidated damages are due.
3.3 Contractor's failure to perform the work specified in Exhibit"A" shall result in Contractor
being required to pay liquidated damages in the Amount$1000 per day for each unexcused day
after the completion date set forth in Section 3.1 above.
ARTICLE 4
Page 3 of 15
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this
Agreement, $302,820.00 for work to be completed in accordance with the "Proposal"
submitted by CONTRACTOR. Prices for work completed by the CONTRACTOR shall be as
reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof
as Exhibit "A", with no change in the price shown. A total contract price hereto is referred to
as Contract Sum and shall be Three Hundred Two Thousand Eight Hundred Twenty
Dollars and Zero Cents.
4.2 Notwithstanding any other provision of this contract, the CONTRACTOR shall guarantee all
portions of the Project against poor workmanship and faulty materials for a period of one (1)
years after fmal payment and shall immediately correct any defects which may appear during
this period upon notification by CITY. This provision shall in no way affect the manufacturing
warranty for repair or replacement.
4.3 The making and acceptance of the fmal payment shall constitute a waiver of all claims by
CONTRACTOR except those previously made and still unsettled.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon
Project Applications and Certificates for Payment issued by the Owner, the Owner shall
make progress payments on account of the Contract Sum to the Contractor as provided
below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on
the last day of the month, or as follows:
5.2.1. Owner shall pay pursuant to the Florida Local Government Prompt Payment Act
Chapter 218 Florida Statutes.
5.2.2. Each Application for Payment shall be based upon the Schedule of Values
submitted by the Contractor in accordance with the Contract Documents. The
Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such data to
substantiate its accuracy as the Owner may require. This schedule, unless objected
to by the Owner, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.2.3. Applications for Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for
Payment.
5.2.4. Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work
as determined by multiplying the percentage completion of each portion of the
Work by the share of the total Contract Sum allocated to that portion of the
Page 4 of 15
Work in the Schedule of Values, less retainage of Ten percent (10%). Pending
final determination of cost to the Owner of changes in the Work, amounts not
in dispute may be included in applications for Payment. The amount of credit
to be allowed by the Contractor to the Owner for a deletion or change which
results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Construction Manager. When both additions and credits
covering related Work or substitutions are involved in a change the allowance
for overhead and profit shall be figured on the basis of net increase, if any,
with respect to that change.
5.2.4.2 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent
incorporation in the completed construction (or, if approved in advance by the
Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of ten percent(10%):
5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and subtract
amounts, if any, for which the Construction Manager has withheld or nullified
a Certificate for Payment.
5.3 The progress payment amount determined in accordance with the above shall be further
modified under the following circumstances:
5.3.1 Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to Ninety percent (90%) of the Contract
Sum, less such amounts as the Construction Manager recommends and
the Owner determines for incomplete Work and unsettled claims; and
5.4 Reduction or limitation of retainage, if any, shall be as follows: NONE
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor
except for the Contractor's responsibility to correct nonconforming Work and to satisfy other
requirements, if any, which necessarily survive final payment: and (2) a final Project Certificate
for Payment has been issued by the Owner and 3) the contractor has met all provisions of the
reporting requirements of grants if the project is funded by grant money; such final payment
shall be made by the Owner not more than 20 days after the issuance of the final Project
Certificate for Payment.
ARTICLE 7
Page 5 of 15
CONTRACTOR'S LIABILITY INSURANCE
7.1 The CONTRACTOR shall not commence work under this contract until it has obtained all
insurance required under this Article and such insurance has been approved by the CITY nor
shall the CONTRACTOR allow any Subcontractor, if applicable, to commence work on a sub-
contract until all similar such insurance required of the subcontractor has been obtained and
approved.
7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the
City prior to the commencement of the work. These Certificates shall contain a provision that
coverage afforded under these policies will not be canceled until at least thirty days (30) prior
written notice has been given to the CITY. Policies shall be issued by companies authorized to
do business under the laws of the State of Florida.
7.3 Financial Ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide",
published by A.M. Best Guide.
7.4 Insurance shall be in force until all work required to be performed under the terms of the
Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY. In the
event the insurance certificate provided indicates that the insurance shall terminate and lapse
during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least
three (3) days prior to the expiration of the date of such insurance, a renewed certificate of
insurance as proof that equal and like coverage for the balance of the period of the contract and
extension there under is in effect. The CONTRACTOR shall not continue to work pursuant to
this contract unless all required insurance remains in full force and effect.
7.5 Comprehensive General Liability insurance to cover liability bodily injury and property
damage. Exposures to be covered are: premises, operations, products/completed operations,
and certain contracts. Coverage must be written on an occurrence basis, with the following
limits of liability:
(a) Workers' Compensation Insurance—as required by law;
(b) Employer's Liability Insurance - $1,000,000 per occurrence;
(c) Automobile Liability Insurance - $2,000,000 per occurrence, $1,000,000 per accident;
(d) Accident for bodily injury $300,000 and$1,000,000 per accident for property damage.
7.6 The CONTRACTOR shall hold Miami-Dade County and the CITY, its agents, and
employees, harmless on account of claims for damages to persons, property or premises
arising out of the operations to complete this Agreement and name the CITY and Miami-
Dade County as additional insured under their policy.
7.7 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures.
ARTICLE 8
Page 6 of 15
PROTECTION OF PROPERTY
8.1 At all times during the performance of this Contract, the CONTRACTOR shall protect the
CITY's property and properties adjoining the Project site from all damage whatsoever.
ARTICLE 9
CONTRACTOR'S INDEMNIFICATION
9.1 The CONTRACTOR agrees to release Miami-Dade County, and the CITY from and against
any and all liability and responsibility in connection with the above mentioned matters and with
the work being performed by Contractor. The CONTRACTOR further agrees not to sue or
seek any money or damages from CITY in connection with the above mentioned matters.
9.2 The CONTRACTOR agrees to indemnify and hold harmless Miami-Dade County, and the
CITY, its trustees, elected and appointed officers, agents, servants and employees, from and
against any and all claims, demands, or causes of action of whatsoever kind or nature, and the
resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,
judgments, or decrees, sustained by the CITY or any third party arising out of, or by reason of,
or resulting from the CONTRACTOR's negligent acts, errors, or omissions.
9.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its agents,
officers, or employees, such liability shall be limited to the extent and limit provided in
768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or
defense that the City may possess. The City specifically reserves all rights as against any
and all claims that may be brought.
ARTICLE 10
INDEPENDENT CONTRACTOR
10.1 This Agreement does not create an employee/employer relationship between the parties. It is
the intent of the parties that the CONTRACTOR is an independent contractor under this
Agreement and not the CITY's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State
unemployment insurance law and similar laws. The CONTRACTOR shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out the
CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not
be construed as creating any joint employment relationship between the CONTRACTOR and
the CITY and the CTTY will not be liable for any obligation incurred by CONTRACTOR,
including but not limited to unpaid minimum wages and/or overtime premiums.
ARTICLE 11
Page 7 of 15
CONTRACT BOND
The CONTRACTOR is required to furnish a Performance Bond and Payment Bond, each, in
the amount of 100% of the total Bid Price, including Alternates if any, with the City of Opa-
Locka as the obligee, as security for the faithful performance of the Contract and for the
payment of all persons performing labor or furnishing materials in connection herewith. The
bonds shall be with a surety company authorized to do business in the State of Florida.
ARTICLE 12
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
12.1 CITY or CONTRACTOR may request changes that would increase decrease or otherwise
modify the Scope of ServicesBasic Services to be provided under this Agreement as described
in Article 2 of this Agreement. Such changes or additional services must be in accordance with
the provisions of the Code of Ordinances of the CITY and must be contained in a written
amendment, executed by the parties hereto, with the same formality and with equality and
dignity prior to any deviation from the terms of this Agreement, including the initiation of any
additional or extra work. Each amendment shall at a minimum include the following
information on each project:
PROJECT NAME
PROJECT DESCRIPTION
ESTIMATED PROJECT COST
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT
ESTIMATED PROJECT COMPLETION DATE
12.2 In no event will the CONTRACTOR be compensated for any work which has not been
described in a separate written agreement executed by the parties hereto.
ARTICLE 13
TERM AND TERMINATION
13.1 This Agreement may be terminated by either party for cause, or the CITY for convenience,
upon written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall
be paid its compensation for services performed to termination date. In the event that the
CONTRACTOR abandons this Agreement or causes it to be terminated,he shall indemnify the
CITY against any loss pertaining to this termination up to a maximum of the full contracted fee
amount. All finished or unfmished documents, data, studies, plans, surveys, and reports
prepared by CONTRACTOR shall become the property of CITY and shall be delivered by
CONTRACTOR to CITY.
13.2 This Agreement shall take effect as of the date of execution as shown herein below and
Page 8 of 15
continue for such time as is contemplated by the Agreement.
ARTICLE 14
CONTRACT DOCUMENTS
14.1 CONTRACTOR and CITY hereby agree that the following Specification and Contract
Documents, which are attached hereto and made a part thereof, are fully incorporated herein
and made a part of this Agreement, as if written herein word for word: This Agreement;
CONTRACTOR's proposal as set forth in Exhibit `B"; Specifications, "A", Piggyback
Resolution with attachment-A; and any other exhibits thereto,or to this Agreement..
ARTICLE 15
MISCELLANEOUS
15.1 Legal Representation:
It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel
in the preparation of this Agreement and, accordingly, the rule that a contract shall be interpreted
strictly against the party preparing same shall not apply due to the joint contribution of both parties.
15.2 Assignments:
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered,
under any circumstances,by CONTRACTOR without the prior written consent of CITY. For purposes
of this Agreement, any change of ownership of CONTRACTOR shall constitute an assignment which
requires CITY approval. However, this Agreement shall run to the CITY and its successors and
assigns.
15.3 Records:
CONTRACTOR shall keep books and records and require any and all subcontractors to keep books
and records as may be necessary in order to record complete and correct entries as to personnel hours
charged to this engagement, and any expenses for which CONTRACTOR expects to be reimbursed, if
applicable. Such books and records will be available at all reasonable times for examination and audit
by CITY and shall be kept for a period of three (3) years after the completion of all work to be
performed pursuant to this Agreement, or for such longer period as is required by law. Incomplete or
incorrect entries in such books and records will be grounds for disallowance by CITY of any fees or
expenses based upon such entries.
15.4 Ownership of Documents:
Reports, surveys, plans, studies and other data provided in connection with this Agreement are
and shall remain the property of City.
Page 9 of 15
15.5 No Contingent Fees:
CONTRACTOR warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONTRACTOR, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this provision, the CITY
shall have the right to terminate the Agreement without liability at its discretion,to deduct from
the contract price, or otherwise recover the full amount of such fee, commission, percentage,
gift or consideration.
15.6 Notice:
Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to the
party for whom it is intended and the remaining party, at the places last specified, and the
places for giving of notice shall remain such until they shall have been changed by written
notice in compliance with the provisions of this section. For the present, the CONTRACTOR
and the CITY designate the following as the respective places for giving of notice:
CITY: Newall Daughtry, Acting City Manager
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
COPY TO: Vincent Brown, City Attorney
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
COPY TO: Airia Austin, CIP Director
780 Fisherman Street,4th Floor
Opa-locka, Florida 33054
CONTRACTOR: Mohammed S Islam,President
Diamanti Construction&Development, Inc
3832 Parkside Circle
Palm Springs, FL 33461
Phone: (561)301-7191
Fax:
E-mail: diamanticonstructionfl@gmail.com
Page 10 of 15
15.7 Binding Authority:
Each person signing this Agreement on behalf of either party individually warrants that he or
she has full legal power to execute this Agreement on behalf of the party for whom he or she is
signing, and to bind and obligate such party with respect to all provisions contained in this
Agreement.
15.8 Exhibits:
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
exhibits if not physically attached should be treated as part of this Agreement and are
incorporated herein by reference.
15.9 Headings:
Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
15.10 Severability:
If any provision of this Agreement or application thereof to any person or situation shall, to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application
of such provisions to persons or situations other than those as to which it shall have been held
invalid or unenforceable shall not be affected thereby, and shall continue in full force and
effect, and be enforced to the fullest extent permitted by law.
15.11 Governing Law:
This Agreement shall be governed by the laws of the State of Florida with venue lying in
Miami-Dade County,Florida.
15.12 Disputes:
Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in
the Eleventh Judicial Circuit Court in and for Miami-Dade County.
15.13 Attorney's Fees:
To the extent authorized by law, in the event that either party brings suit for enforcement of this
Agreement, the prevailing party shall be entitled to attorney's fees and court costs in addition to
any other remedy afforded by law.
15.14 Extent of Agreement:
This Agreement, together with all contract documents, and all exhibits hereto or to the contract
documents, represents the entire and integrated agreement between the CITY and the
CONTRACTOR and supersedes all prior negotiations, representations or agreements, either
written or oral.
Page 11 of 15
15.15 Waiver:
Failure of the CITY to insist upon strict performance of any provision or condition of this
Agreement, or to execute any right there in contained, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall
remain in full force and effect.
15.16 Equal Opportunity Employment:
CONTRACTOR agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age, national
origin, or disability and will take affirmative steps to ensure that applicants are employed and
employees are treated, during employment, without regard to race, color, religion, sex, age,
national origin or disability. This provision shall include, but not be limited to, the following:
employment upgrading, demotion or transfer; recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeships.
ARTICLE 16
NOTICE TO PROCEED
The CONTRACTOR shall commence work within five (5) working days from the date of the
Notice to Proceed (NTP), or the issuance of permit by jurisdictional authorities, whichever
comes later. No work shall begin without NTP. Residents must be given at least 48 hours notice
to commence construction at the site.
Page 12 of 15
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
CITY OF OPA-LOCKA
ATTEST:
BY:
Joanna Flores,CMC Newall Daughtry
City Clerk Acting City Manager
APPROVED AS TO FORM:
Vincent Brown, City Attorney
DIAMANTI CONSTRUCTION&DEVELOPMENT,INC
WITNESSES:
(Name&Signature) Mohammed S Islam,President
(Name&Signature)
ATTEST:
(Name& Signature)
Page 13 of 15
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgments, personally appeared as , of
, a Florida corporation, and acknowledged executed the foregoing Agreement as the proper
official of , for the use and purposes mentioned in it and affixed the official seal of
the corporation, and that the instrument is the act and deed of that corporation.
IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State
and County aforesaid on this_day of , 2018.
NOTARY PUBLIC
My Commission Expires:
Page 14 of 15
See attached document for Exhibit "A"
Received Proposal
By: Diamanti Construction & Development, Inc
To Replace 347' of Clay Pipe on Bahman Avenue
Page 15 of 15
DI ANTI CONSTRUCTION et PEVELOPMENT, INC
STATE LICENSE#CGC 1524241
Dated:July 17, 2018
SANITARY SEWER CONSTRUCTION COST ESTIMATE(BAHMAN AVENUE-ADDITION),
Item Quantity Unit Unit Price Total Cost
EXISTING 15"CLAY PIPE BURSTING
AND REPLACE WITH HDPE PIPE ` 1 LS $ 250,000.00 $ 250,000.00
PAVEMENT RESTORATION 1 LS $ 20,000.00 $ 20,000.00
MOT 1 LS $ 5,000.00 $ 5,000.00
UTILITY SCREENING 1 LS $ 4,000.00 $ 4,000.00
NEW MANHOLE 1 LS $ 3,000.00 $ 3,000.00
BY PASSING THE SYSTEM 1 LS $ 12,000.00 $ 12,000.00
TOTAL CONSTRUCTION COST $ 294,000.00
BOND 1 LS $ 8,820.00 $ 8,820.00
TOTAL $ 302,820.00
EMAIL< DIAMANTICONSTRUCTtON @C' MAIL .COM; CEI 561-301-7191
Detail by Entity Name Page 2 of 2
Detail by Entity Name
Florida Profit Corporation
DIAMANTI CONSTRUCTION&DEVELOPMENT, INC.
Filing Information
Document Number P16000033980
FEI/EIN Number 81-2284662
Date Filed 04/14/2016
State FL
Status ACTIVE
Principal Address
3832 PARKSIDE CIRCLE
PALM SPRINGS, FL 33461
Mailing Address
3832 PARKSIDE CIRCLE
PALM SPRINGS, FL 33461
Registered Agent Name&Address
ISLAM, MOHAMMED S
3832 PARKSIDE CIRCLE
PALM SPRINGS, FL 33461
Officer/Director Detail
Name&Address
Title P
ISLAM, MOHAMMED S
3832 PARKSIDE CIRCLE
PALM SPRINGS, FL 33461
Annual Reports
Report Year Filed Date
2017 04/30/2017
2018 03/02/2018
Document Images
03/02/2018--ANNUAL REPORT View image in PDF format
04/30/2017--ANNUAL REPORT View image in PDF format
04/14/2016--Domestic Profit View image in PDF format
Elonda Department of stale,Division of Corporations
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 7/19/2018
"THE GREAT CITY"
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MEMORANDUM
TO: Newall J. Daughtrey, City Manager
FROM: Airia Austin, Public Works Director
DATE: July 17, 2018
RE: Pump Station 11-A Gravity Main Repair Project
In moving forward with the previously approved Bahman Avenue underground repair; to replace the collapsed
18" sewer gravity main by pipe bursting method, between Dunad Avenue manhole#MH-11 A-51, and manhole
# MH-11A-72 in front of pump station 11-A. we discovered an unforeseen condition.
When manhole#MH-11A-72 in front of pump station 11-A was uncovered to install a flow-through plug,
intended to divert the south side flows, by means of a bypass pump. It was discovered that the manhole sunk
nine inches below its original elevation; this caused the 15" gravity main to the south of the manhole fracture
and cave-in.
Knowing the topographical makeup of the area and the fragile nature of our infrastructure; fractionalized repairs
to this gravity main is not recommended. We are also recommending this repair to be done now to minimize
collateral damages.
The intended repair is the replacement of the 15" clay pipe between the Sharazad Boulevard manhole and ;
manhole# MH-11A-72 in front of pump station 11-A,this is approximately 347 feet
We are in receipt of a proposal from Diamanti Construction& Development, Inc. to perform this service at a
lump sum cost of$302,820.00; this includes a 100%bond.
780 FISHERMAN STREET,OPA-LOCKA,FLORIDA 33054(305)953-3058
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
DIAMANTI CONSTRUCTION & DEVELOPMENT, INC
STATE LICENSE#CGC 1524241
Dated:July 17, 2018
SANITARY SEWER CONSTRUCTION COST ESTIMATE(BAHMAN AVENUE-ADDITION)
Item Quantity Unit Unit Price Total Cost
EXISTING 15" CLAY PIPE BURSTING
AND REPLACE WITH HDPE PIPE 1 LS $ 250,000.00 $ 250,000.00
PAVEMENT RESTORATION 1 LS $ 20,000.00 $ 20,000.00
MOT 1 LS $ 5,000.00 $ 5,000.00
UTILITY SCREENING 1 LS $ 4,000.00 $ 4,000.00
NEW MANHOLE 1 LS $ 3,000.00 $ 3,000.00
BY PASSING THE SYSTEM 1 LS $ 12,000.00 $ 12,000.00
TOTAL CONSTRUCTION COST $ 294,000.00
BOND 1 LS $ 8,820.00 $ 8,820.00
TOTAL $ 302,820.00
EMAIL: 11IAMAN TICONSTRUCTIONFL@GMAIL.COM: CELL:56I 331-7191
Sponsored by: City Manager
RESOLUTION NO. 18-9510
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, RETROACTIVELY
AUTHORIZING AN EMERGENCY PROCUREMENT,
APPROVING THE HIRING OF DIAMANTI CONSTRUCTION
AND DEVELOPMENT, INC, AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR BAHMAN
AVENUE SANITARY SEWER CONTRUCTION IN AN
AMOUNT NOT TO EXCEED THREE HUNDRED AND FORTY-
NINE THOUSAND DOLLARS ($349,000.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") requires sanitary sewer construction
on Bahman Avenue between Manhole 11A-51 at Dunad Avenue and Manhole 111A-72 at
Pump Station 11A; and
WHEREAS, Diamanti Construction and Development, Inc desires to provide the
services outlined in their Scope of Work attached hereto as Exhibit A, at a cost not to
exceed $349,000.00; and
WHEREAS, Chapter 2, Article VI, Section 2-320 (i) of the City of Opa-locka Code
of Ordinances states that if the City Manager determines in writing that a substantial loss to
the City requires emergency action, the agency may proceed with the procurement of the
contractual services necessitated by the immediate danger without competition; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
authorize an Emergency Procurement and approve the hiring of Diamanti Construction and
Development, Inc to provide Bahman Avenue Sanitary Sewer Construction.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission hereby retroactively authorizes an Emergency
Procurement, approves the hiring of Diamanti Construction and Development, Inc
and authorizes the City Manager to enter into an agreement, in a form acceptable
Resolution No. 18-9510
to the City Attorney, for Bahman Avenue Sanitary Sewer Construction, in an
amount not to exceed$349,000.00
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re-codified copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 11`h day of Jul', 2018.7Th
GIL tc ,ik, i -Omx,"
r a
ityra L. Taylor
Mayor
Attest to: Approved as to form and legal sufficiency:
A
\-.. 1\_j.C � .. 1L;-_,
Joann(Flores The Brown Law Group, LLC
City Clerk City Attorney
Moved by: COMMISSIONER RILEY
Seconded by: COMMISSIONER PIGATT
Commissioner Vote: 5-0
Commissioner Holmes: YES
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelley: YES
Mayor Taylor: YES
• ,�.Tw`
City of Opa-Locka
Agenda Cover Memo
Department Department
Director: Director Signature:
Budget Ernesto Reyes Budget
Administrator: Administrator
Signature:
Finance Bryan Hamilton FD Signature:
Director: Department
Acting City Newall J. Daughtrey ACM Signature:
Manager: J j s fs'
Commission 07.11.18 Item Type: 1. ;', ,,_ {, , , "`,
Meeting Date: X
(EnterXin box)
Fiscal Impact: f Ordinance Reading: ;PA, 0611011101
(EnterXin box) les (Enter X in box)
x Public Hearing: `Yes , ;.: >
(EnterXin box) X
Funding (Enter Fund& Advertising Requirement: Fe
Source: Dept) (EnterXin box) X
Account#: Ex:
$349,000.00
19-519992
Contract/P.O. RFP/RFQ/Bid#:
Required:
(EnterXin box)
Strategic Plan [ Strategic Plan Priority Area Strategic Plan Obj./Strategy:
Related Enhance Organizational (list the specific objective/strategy this
(EnterXin box) X Bus.&Economic Dev item will address)
Public Safety
Quality of Education No
Qual.of Life&City Image IN
Communication
Sponsor Name City Manager Department: City Manager
1
Retroactively authorizing an emergency procurement, approving the hiring of Diamanti Construction and
Development, Inc. and authorizing the City Manager to enter into an agreement.
Due to the immediate danger to the public health, safety, and welfare of our residents it is in the best interest of
the City to retroactivitely approve the agreement.
Attachment
• of �• f
Newall J.Daughtrey - 9% Telephone:(305)953-2821
Acting City Manager `"°°° Email:ndaughtrey @opalockafl.gov
To: Honorable Mayor/City Commission
From: Newall J.Daughtrey,Acting City Manager )
Date: June 22,2018
Re: Award of an emergency contract to Diamanti Construction & Development to
repair the sewer problem at Bahman Avenue(Pump Station 11-A)
Please be advised that staff have reached out to several companies to receive quotes from businesses
who can repair the manhole on Bahman Avenue expeditiously. Below I am providing you with the
quotes received from each company:
• METRO EXPRESS, INC. $614,700.00
• C&I CONSTRUCTION AND DESIGN, INC. $497,795.00
• HERNANDEZ UNDERGROUND $369,000.00
• DIAMANTI CONSTRUCTION &DEVELOPMENT, INC. $349,000.00
Due to the immediate danger to the public health, safety, and welfare of our residents I am moving
forward with awarding an emergency contract to Diamanti Construction & Development, Inc. to
provide the necessary repairs to the manhole located at Bahman Avenue.
Should you have any questions, please feel free to contact me.
***END***
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MEMORANDUM
To: Newall Daughtrey
Acting City Manager
From: Bryan Hamilton
Finance Director
Date: June 22, 2018
Re: Bateman Avenue Upgrades
Due to the urgency of the repairs of the sewer main on Bahman Ave in Opa-locka the Public Works
department is committed to utilizing the services of Diamanti Construction & Development as a
contractor.The public safety emergency at Bahman Ave have created urgency with respect to these
repairs. The total repair costs are projected to be$349,000 and have to be paid from the resources
of Water and Sewer Fund(440).
This proposed expenditure amount must be expensed in the Water and Sewer Capital Projects and
is budgeted in the pending 2018 budget amendment in the amount of$300,000. The remaining
$49,000 of expenditures will be offset against the Water and Sewer capital reserve, which is
budgeted at$300,000 for fiscal year 2018,with no expenses to date.This allocation of the Capital
Reserve will have to be approved by the State Oversight Board.
These expenditures will be paid from the existing cash reserves of the Water and Sewer Fund,
which are considered sufficient to fund this expenditure in full.
Thank you.
"THE GREAT CITY"
MEMORANDUM
TO: Newall J. Daughtrey, City Manager
FROM: Airia Austin,Public Works Director
DATE: June 22,2017
RE: Resident Concerns Pump Station 11-A
Pump Station 11-A was rehabilitated in the latter part of 2011,the life expectance of a pump station is 15 to 20
years. During the rehabilitation process a depression formed near manhole 11-A-72,at the time fix was to add
dirt to the area to bring it back up to grade, since it was not in the budget to do further exploration.
Years passed with no external signs of problems however in 2015, sand was being observed in the wet well of
the pump station. Over a period of time,the ingestion of sand destroyed the submersible pumps; and at that time
the station operation was switched to the diesel built-in standby pump.
In May of a CCTV inspection of the gravity main, it was determined that a section of the line had collapsed and
there was a leak at Manhole 11-A-72. This was the cause of the media loss.
An emergency work request was requested to resolve the problem; it was determined that a 10' section o" 18"
pipe would be replaced. Due to the odd sized pipe it took approximately four weeks for it to be manufactured.
On August 4,2017, construction started and was completed August 30, 2017. Approximately one month later
stress cracks were observed at the edge of pavement. Again a CCTV inspection of the gravity main was
conducted, it was determined that the clay line had collapsed 10' feet beyond the repaired section.
A determination was made that no additional repairs would be attempted because of the fragile state of the
original clay pipe that was installed in 1926. Instead the entire pipe line between Manhole 51 located at Dunad
Avenue and Bahman Avenue and Manhole 11-A-72 located in front of Pump Station 11-A. Two bypass pumps
were deployed, one to bypass the heavy flows through the gravity main,and the other to bypass the pump
station. Several costly solutions were reviewed including one that called for the relocation of the gravity main
under the southbound lane of Bahman Avenue,the cost of this solution is$614,700.00.
We settled on a pipe bursting method of repair,this provides for minimal environmental impacts and
reconstruction of drainage and brick paver systems; in addition to being the most expedient.
We are therefore requesting a waiver of bid,to have Diamanti Construction&Development,Inc.to perform
this service at a cost of$349,000.00. This is necessary since the spread of the sinkhole have become more
aggressive.
780 FISHERMAN STREET,OPA-LOCKA,FLORIDA 33054(305)953-3058
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
DIAMANTI CONSTRUCTION dt DEVELOPMENT, INC
STATE LICENSE*CQC 1524241
Dated:June 20, 2018
SANITARY SEWER CONSTRUCTION COST ESTIMATE(BAHMAN AVENUE)
Item Quantity Unit Unit Price Total Cost
MOBILIZATION 1 LS $ 10,000.00 $ 10,000.00
EXISTING 18"CLAY PIPE BURSTING
AND REPLACE WITH HDPE PIPE 1 LS $ 250,000.00 $ 250,000.00_
6" SERVICE LATERAL 4 EA $ 4,000.00 $ 16,000.00
PAVEMENT RESTORATION 1 IS $ 9,000.00 $ 9,000.00
MOT 1 LS $ 5,000.00 $ 5,000.00
UTILITY SCREENING 1 LS $ 9,000.00 $ 9,000.00
TEMPORARY SEWER MAINTENANCE FOR LATERAL SEWER 1 LS $ 44,000.00 $ 44,000.00
TOTAL CONSTRUCTION COST $ 343,000.00
BOND 1 LS $ 6,000.00 $ 6,000.00
TOTAL SUBTOTAL $ 349,000.00
EMAIL: DIAMANTICONSTEUCTIONFL@ MAILCOM;CELL:561-501-7191
TT INT II T It. G Tr. 0 " J T D
1520 SW 119th Terrace Davie,FL 33325 Phone 786-514-1107 Fax 954-885-5554
Hernandezunderground @comcast.net
PROPOSAL
Date:March 24,2018
Submitted to:
City of OPA LOCKA
Florida 33054
Job Location:
Bahman Ave.Almost corner of Dunad Avenue
Front of Lift station 11-C at Sherbondy Park
We hereby submit Estimates and Specifications to repair broken sewer line
Maintenance of traffic
Provide Crane and hammer to Install Sheet piling
Expose existing 18" broken sewer clay pipe to be replace with 18"SDR 25 C-900 sewer pipe
Provide 2 Hydraulic silence pumps to keep sewer system thru by pass
Install well point system and sediment box to facilitate dewatering process
Also,include all equipment and material to complete the work in professional manner Including:
Place of lime rock compact subbase and base
Density test
Restore Sidewalk
Restore paver with drainage system
Asphalt restoration
Thermoplastic
SOD
Remove and dispose excess of fill
WE HEREBY PROPOSE to furnish labor complete in accordance with the above specifications,for the sum
of$369,000.00
Acceptance of Proposal
The above price,specifications,and conditions are satisfactory and are hereby accepted.You have given
your authorization to do the work as specified.
Signature Date
Print Name
General Contractor
C& CONSTRUCTION 14031 SW 143rd Court Unit#6
AND DESIGN INC. Miami,Florida 33186
Phone:(305)255-6067 Fax.:(786)430-1747
Email:info®cicdinc.com
PROPOSAL/CONTRACT Web:cicdinc.com
Proposal Submitted to:
Airia Austin Fax No
Public Works Director Phone No: 305 3212595
City Opalocka
Florida Cell No:
Job Name:
Date: 11/02/2017
Upgrade 18" Gravity Sewer Lane @ at pump Station 11A
Scope of Work:
We propose hereby to furnish, material, tools, labor and equipment in order to Updated the 18" Gravity Sewer Pipe at the Pump
Station 11A,and included the followings.
GENERAL REQUIREMENTS
Mobilization/Demobilization
Final cleaning
M.O.T
Well Point System
Vacuum Truck Cleaning Pump Station
TV Camera
By Pass System
Open Top Weird Tank
Demolition
Remove Asphalt and Grass
Remove Paver and Concrete Curb
Expose 18" Gravity Clay pipe&Removed
Remove Gravity lateral Sewer Pipe
Remove Drainage Pipe
Remove Catch Basin and Drainage manhole
18" PVC Sewer-C-900 Pipe
Furnish and Place Bedding Material
Furnish & Install 18" PVC C-900 Gravity Sewer Pipe
Furnish and Install Lateral sewer Pipes and Fittings
Backfill Excavation Material
General Contractor
C& AND DESIGN INC. 14031 SW 143rd Court Unit#6
1 Miami,Florida 33186
�� CONSTRUCTION Phone:(305)255-6067 Fax.:(786)430-1747
Email:info@cicdinc.com
PROPOSAL/CONTRACT Web:cicdinc.com
Drainage System
Excavation for Future Drainage system
Loading m Hauling and disposal Excavation Material
Furnish and Install New 18" Perforated PVC pipe
Furnish and Place Ballast rock
Set Existing Catch Basing and Drainage Manhole&
Pipes
Connect existing Drainage Structure to New Drainage
Asphalt Pavement
Furnish and Place 8" Lime rock a Future Asphalt Area
Place 2"Asphalt Pavement S-III
Concrete Pavers
Place Sand material under Paver Area
Install Concrete paver area
Pour Concrete Curb
Pour Concrete Sidewalk
Tools
Equipment
Labor
EXCLUSIONS:
Permits
Holding Pole(FPL&Comcast)
Pump Station Maintenance
By Pass System at Pump Station No 11A
Security
Police Duty Services
PAYMENT TERMS:
Based upon Applications for Payment,submitted to the Owner/Agent by the Contractor,the Owner/Agent shall make progress payments on account of the Contract Sum to
the Contractor as provided below and elsewhere in this Proposal. Therefore,the Owner/Agent shall make payments to the Contractor as follows: Final retentions of the
balance owed are not allowed.Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the following rate:any balance
past thirty(30)days will be subject to 1-2%per month(18%per annual)finance charge with the Owner/Agent paying for all attorneys'fees should collection be necessary.
This proposal may be withdrawn by C&I Construction and Design Inc.if not accepted within 30 days.
[ We propose hereby to furnish material and labor complete in accordance with above specifications,for the sum of:
$497,795.00 Authorized Signature:
Four Hundred Ninety Seven Thousand
Seven Hundred Ninety Five and 00/100 Dollars C Maldonado
Note::T Thi his proposal may be withdrawn by us if not accepted within 30 days.
All material is guaranteed to be as specified. All work to be completed in a
workmanlike manner according to standard practices. Any alteration or Acceptance of Proposal
deviation from above specification involving extra costs will be executed The above prices,specifications and conditions are satisfactory and are hereby accepted.
only upon written orders,and will become an extra charge over and above You are authorized to do the work as specified.Payment will be made as outlined above.
the estimate. All agreements contingent upon strikes,accidents or delays
beyond our control. Owner to carry fire, tornado and other necessary
insurance. Our workers are fully covered by Workmen's Compensation Signature
Insurance. Date of acceptance
C Me X?RES'.S
/h E� I PROPOSAL No. COW01.18 I
9442 NW 109 Street,Medley,FL 33178 Phone:(305)885-1330 Fax:(305)885-1327
Project No:
Project: Replacement of 18"Sanitary Sewer Pipe
Location: Bahman Avenue From Dunad Avenue to Pump Station 11A
County: Miami Dade
Customer City of Opa Locka
Attention Airia Austin
Contract Item Descri tion Units/
p Hrs Qty Unit Price Extension
1 Mobilization/Demobilization LS 1 $14,500.00 $14,500.00
2 Selling&Delivering 18"C-900 PVC LS _ 1 $235,000.00 $235,000.00
3 Sheeting LS 1 $295,000.00 $295,000.00
4 Well Point System LS 1 $15,000.00 $15,000.00
5 Repair Existing Storm Sewer Pipe LS 1 , $4,500.00 $4,500.00
6 Type 1 Trench Restoration LS _ 1 $30,000.00 $30,000.00
7 Milling and Paving LS 1 $17,500.00 $17,500.00
8 Maintenance of Traffic LS 1 $3,200.00 $3,200.00
Total ;614,700.00
*ABOVE QUOTE AS PER PLANS AND SPECIFICATIONS.
Exclusions:
1 Cost assoicated to Water Used During Construction
2 Handling of Contaminated Material
3 Permits(To be Reimbursed for Cost of Permit)
4 Bond(If Bond Is Required a 1.75%Fee Will be Added to Total Amount)
5 Off Duty Police
6 Lamping(Unable Due To 45 Degree Bends Being Installed)
Page 1 of 1
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CONTRACT AGREEMENT
BETWEEN
CITY OF OPA-LOCKA
AND
Diamanti Construction & Development, Inc.
FOR
Bateman Avenue Sanitary Sewer Construction Project Oi a-locka 2018
Page 1 of 15
AGREEMENT
THIS IS AN AGREEMENT,dated the 25th day of June,2018,between:
CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter
"CITY,"
and
Diamanti Construction &Development, Inc.
A licensed Company, authorized to do business in the State of Florida,
hereinafter"CONTRACTOR".
WITNESSETH:
In consideration of the mutual terms and condition, promises, covenants, and payments hereinafter set
forth,CITY and CONTRACTOR agree as follows:
ARTICLE 1
PREAMBLE
In order to establish the background, context and form of reference for this Agreement and to generally
express the objectives, and intentions, of the respective parties herein, the following statements,
representations and explanations shall be accepted as predicates for the undertakings and commitments
included within the provisions which follow and may be relied upon by the parties as essential
elements of the mutual considerations upon which this Agreement is based.
1.1 On June 25,2018.the CITY awarded the CONTRACT and authorized the proper CITY officials
to enter into an agreement with CONTRACTOR to render the services more particularly described
herein below.
Page 2of15
ARTICLE 2
SCOPE OF WORK
2.1 The CONTRACTOR shall furnish all of the materials, tools, supplies, and labor necessary to
perform all of the work described in Exhibit A for the Sanitary Sewer construction on Bahman
Avenue between Manhole 11A-51 at Dunad Ave. and Manhole 1IA-72 at Pump Station 11A.
A copy of the construction cost estimate is attached hereto and specifically made a part of this
Agreement as Composite Exhibit "A".
2.2 CONTRACTOR hereby represents to CITY, with full knowledge that CITY is relying upon
these representations when entering into this Agreement with CONTRACTOR, that
CONTRACTOR has the professional expertise, experience and manpower to perform the
services to be provided by CONTRACTOR pursuant to the terms of this Agreement.
2.3 CONTRACTOR assumes professional and technical responsibility for performance of its
services to be provided hereunder in accordance with recognized professional standards for
specified services. If within One (1) year following completion of its services, such services
fail to meet the aforesaid standards, and the CITY promptly advises CONTRACTOR,
CONTRACTOR agrees to re-perform such deficient services without charge to the CITY.
ARTICLE 3
TIME FOR COMPLETION AND LIQUIDATED DAMAGES
3.1 The CONTRACTOR shall commence work to be performed under this Agreement beginning
June 27 2018. CONTRACTOR shall complete all work in a timely manner substantially by
September 3, 2018. Should there be any delay in issuance of permit by the jurisdictional
authorities completion time will be adjusted accordingly.
3.2 Anything to the contrary notwithstanding,minor adjustment to the timetable for completion
approved by CITY in advance, in writing, will not constitute a delay by CONTRACTOR.
Furthermore, a delay due to an Act of God, fire, lockout, strike or labor dispute, riot or civil
commotion, act of public enemy or other cause beyond the control of CONTRACTOR shall
extend this Agreement for a period equal to such delay and during this period such delay shall
not constitute a delay by CONTRACTOR for which liquidated damages are due.
3.3 Contractor's failure to perform the work specified in Exhibit"A" shall result in Contractor
being required to pay liquidated damages in the Amount$1000 per day for each unexcused day
after the completion date set forth in Section 3.1 above.
Page 3 of 15
ARTICLE 4
CONTRACT SUM
4.1 The CITY hereby agrees to pay CONTRACTOR for the faithful performance of this
Agreement, $349,000.00 for work to be completed in accordance with the "Proposal"
submitted by CONTRACTOR Prices for work completed by the CONTRACTOR shall be as
reflected in the proposal submitted, a copy of which is attached hereto and made a part hereof
as Exhibit "A",with no change in the price shown. A total contact price hereto is referred to as
Contract Sum and shall be Three Hundred Forty Nine Thousand Dollars and Zero Cents.
4.2 Notwithstanding any other provision of this contract, the CONTRACTOR shall guarantee all
portions of the Project against poor workmanship and faulty materials for a period of one (1)
years after fmal payment and shall immediately correct any defects which may appear during
this period upon notification by CITY. This provision shall in no way affect the manufacturing
warranty for repair or replacement.
4.3 The making and acceptance of the final payment shall constitute a waiver of all claims by
CONTRACTOR except those previously made and still unsettled.
ARTICLE 5
PROGRESS PAYMENTS
5.1 Based upon Applications for Payment submitted by the Contractor to the Owner, and upon
Project Applications and Certificates for Payment issued by the Owner, the Owner shall
make progress payments on account of the Contract Sum to the Contractor as provided
below and elsewhere in the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on
the last day of the month,or as follows:
5.2.1. Owner shall pay pursuant to the Florida Local Government Prompt Payment Act
Chapter 218 Florida Statutes.
5.2.2. Each Application for Payment shall be based upon the Schedule of Values
submitted by the Contractor in accordance with the Contract Documents. The
Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such data to
substantiate its accuracy as the Owner may require. This schedule, unless objected
to by the Owner, shall be used as a basis for reviewing the Contractor's
Applications for Payment.
5.2.3. Applications for Payment shall indicate the percentage of completion of each
portion of the Work as of the end of the period covered by the Application for
Payment.
5.2.4. Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
Page 4 of 15
5.2.4.1 Take that portion of the Contract Sum properly allocable to completed Work
as determined by multiplying the percentage completion of each portion of the
Work by the share of the total Contract Sum allocated to that portion of the
Work in the Schedule of Values, less retainage of Ten percent(10%). Pending
fmal determination of cost to the Owner of changes in the Work, amounts not
in dispute may be included in applications for Payment. The amount of credit
to be allowed by the Contractor to the Owner for a deletion or change which
results in a net decrease in the Contract Sum shall be actual net cost as
confirmed by the Construction Manager. When both additions and credits
covering related Work or substitutions are involved in a change the allowance
for overhead and profit shall be figured on the basis of net increase, if any,
with respect to that change.
5.2.4.2 Add that portion of the Contract Sum properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent
incorporation in the completed construction(or, if approved in advance by the
Owner, suitably stored off the site at a location agreed upon in writing), less
retainage of ten percent(10%):
5.2.4.3 Subtract the aggregate of previous payments made by the Owner; and subtract
amounts, if any, for which the Construction Manager has withheld or nullified
a Certificate for Payment.
5.3 The progress payment amount determined in accordance with the above shall be further
modified under the following circumstances:
5.3.1 Add, upon Substantial Completion of the Work, a sum sufficient to
increase the total payments to Ninety percent (90%) of the Contract
Sum, less such amounts as the Construction Manager recommends and
the Owner determines for incomplete Work and unsettled claims;and
5.3.2 Reduction or limitation of retainage, if any,shall be as follows: NONE
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made
by the Owner to the Contractor when (1) the Contract has been fully performed by the
Contractor except for the Contractor's responsibility to correct nonconforming Work and
to satisfy other requirements, if any, which necessarily survive fmal payment: and (2) a
fmal Project Certificate for Payment has been issued by the Owner and 3) the contractor
has met all provisions of the reporting requirements of grants if the project is funded by
grant money; such final payment shall be made by the Owner not more than 20 days after
the issuance of the final Project Certificate for Payment.
Page 5 of 15
ARTICLE 7
CONTRACTOR'S LIABILITY INSURANCE
7.1 The CONTRACTOR shall not commence work under this contract until it has obtained all
insurance required under this Article and such insurance has been approved by the CITY nor
shall the CONTRACTOR allow any Subcontractor, if applicable,to commence work on a sub-
contract until all similar such insurance required of the subcontractor has been obtained and
approved.
7.2 Certificates of insurance, reflecting evidence of the required insurance, shall be filed with the
City prior to the commencement of the work. These Certificates shall contain a provision that
coverage afforded under these policies will not be canceled until at least thirty days (30) prior
written notice has been given to the CITY. Policies shall be issued by companies authorized to
do business under the laws of the State of Florida.
7.3 Financial Ratings must be no less than "A" in the latest edition of"Bests Key Rating Guide",
published by A.M.Best Guide.
7.4 Insurance shall be in force until all work required to be performed under the terms of the
Contract is satisfactorily completed as evidenced by the formal acceptance by the CITY.In the
event the insurance certificate provided indicates that the insurance shall terminate and lapse
during the period of this contract, then in that event, the CONTRACTOR shall furnish, at least
three (3) days prior to the expiration of the date of such insurance, a renewed certificate of
insurance as proof that equal and hie coverage for the balance of the period of the contract and
extension there under is in effect. The CONTRACTOR shall not continue to work pursuant to
this contract unless all required insurance remains in full force and effect.
7.5 Comprehensive General Liability insurance to cover liability bodily injury and property
damage. Exposures to be covered are: premises, operations, products/completed operations,
and certain contracts. Coverage must be written on an occurrence basis, with the following
limits of liability:
(a) Workers' Compensation Insurance—as required by law;
(b) Employer's Liability Insurance-$1,000,000 per occurrence;
(c) Automobile Liability Insurance- $2,000,000 per occurrence, $1,000,000 per accident;
(d) Accident for bodily injury$300,000 and$1,000,000 per accident for property damage.
7.6 The CONTRACTOR shall hold Miami-Dade County and the CITY, its agents, and
employees,harmless on account of claims for damages to persons, property or premises
arising out of the operations to complete this Agreement and name the CITY and Miami-
Dade County as additional insured under their policy.
7.7 The CITY reserves the right to require any other insurance coverage it deems necessary
depending upon the exposures.
Page 6 of 15
ARTICLE 8
PROTECTION OF PROPERTY
8.1 At all times during the performance of this Contract, the CONTRACTOR shall protect the
CITY's property and properties adjoining the Project site from all damage whatsoever.
ARTICLE 9
CONTRACTOR'S INDEMNIFICATION
9.1 The CONTRACTOR agrees to release the CITY from and against any and all liability and
responsibility in connection with the above mentioned matters and with the work being
performed by Contractor. The CONTRACTOR further agrees not to sue or seek any money or
damages from CITY in connection with the above mentioned matters.
9.2 The CONTRACTOR agrees to indemnify and hold harmless the CITY, its trustees,elected and
appointed officers, agents, servants and employees, from and against any and all claims,
demands, or causes of action of whatsoever kind or nature, and the resulting losses, costs,
expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees,
sustained by the CITY or any third party arising out of, or by reason of, or resulting from the
CONTRACTOR's negligent acts, errors,or omissions.
9.3 If a court of competent jurisdiction holds the City liable for certain tortious acts of its agents,
officers, or employees, such liability shall be limited to the extent and limit provided in
768.28, Florida Statutes. This provision shall not be construed as a waiver of any right or
defense that the City may possess. The City specifically reserves all rights as against any
and all claims that may be brought.
ARTICLE 10
INDEPENDENT CONTRACTOR
10.1 This Agreement does not create an employee/employer relationship between the parties. It is
the intent of the parties that the CONTRACTOR is an independent contractor under this
Agreement and not the CITY's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Workers Compensation Act, and the State
unemployment insurance law and similar laws. The CONTRACTOR shall retain sole and
absolute discretion in the judgment of the manner and means of carrying out the
CONTRACTOR's activities and responsibilities hereunder provided. This Agreement shall not
be construed as creating any joint employment relationship between the CONTRACTOR and
the CITY and the CITY will not be liable for any obligation incurred by CONTRACTOR,
including but not limited to unpaid minimum wages and/or overtime premiums.
Page 7 of 15
ARTICLE 11
CONTRACT BOND
11.1 The CONTRACTOR is required to furnish a Performance Bond and Payment Bond, each, in
the amount of 100%of the total Bid Price, including Alternates if any, with the City of Opa-
Locka as the obligee, as security for the faithful performance of the Contract and for the
payment of all persons performing labor or furnishing materials in connection herewith. The
bonds shall be with a surety company authorized to do business in the State of Florida.
ARTICLE 12
CHANGES TO SCOPE OF WORK AND ADDITIONAL WORK
12.1 CITY or CONTRACTOR may request changes that would increase decrease or otherwise
modify the Scope of Services/Basic Services to be provided under this Agreement as described
in Article 2 of this Agreement. Such changes or additional services must be in accordance with
the provisions of the Code of Ordinances of the CITY and must be contained in a written
amendment, executed by the parties hereto, with the same formality and with equality and
dignity prior to any deviation from the terms of this Agreement, including the initiation of any
additional or extra work. Each amendment shall at a minimum include the following
information on each project:
PROJECT NAME
PROJECT DESCRIPTION
ESTIMATED PROJECT COST
ESTIMATED COST FOR ADDITION OR CHANGE TO PROJECT CONTRACT
ESTIMATED PROJECT COMPLETION DATE
12.2 In no event will the CONTRACTOR be compensated for any work which has not been
described in a separate written agreement executed by the parties hereto.
Page 8 of 15
ARTICLE 13
TERM AND TERMINATION
13.1 This Agreement may be terminated by either party for cause, or the CITY for convenience,
upon written notice by the CITY to CONTRACTOR in which event the CONTRACTOR shall
be paid its compensation for services performed to termination date. In the event that the
CONTRACTOR abandons this Agreement or causes it to be terminated,he shall indemnify the
CITY against any loss pertaining to this termination up to a maximum of the full contracted fee
amount. All finished or unfinished documents, data, studies, plans, surveys, and reports
prepared by CONTRACTOR shall become the property of CITY and shall be delivered by
CONTRACTOR to CITY.
13.2 This Agreement shall take effect as of the date of execution as shown herein below and
continue for such time as is contemplated by the Agreement.
ARTICLE 14
CONTRACT DOCUMENTS
14.1 CONTRACTOR and CITY hereby agree that the following Specification and Contract
Documents, which are attached hereto and made a part thereof are fully incorporated herein
and made a part of this Agreement, as if written herein word for word: This Agreement;
CONTRACTOR's proposal as set forth in Exhibit"A";and any other exhibits thereto,or to this
Agreement..
ARTICLE 15
MISCELLANEOUS
15.1 Legal Representation:
It is acknowledged that each party to this Agreement had the opportunity to be represented by
counsel in the preparation of this Agreement and, accordingly, the rule that a contract shall be
interpreted strictly against the party preparing same shall not apply due to the joint contribution
of both parties.
15.2 Assignments:
This Agreement, or any interest herein, shall not be assigned, transferred or otherwise
encumbered,under any circumstances, by CONTRACTOR without the prior written consent of
Page 9 of 15
CITY. For purposes of this Agreement, any change of ownership of CONTRACTOR shall
constitute an assignment which requires CITY approvaL However,this Agreement shall run to
the CITY and its successors and assigns.
15.3 Records:
CONTRACTOR shall keep books and records and require any and all subcontractors to keep
books and records as may be necessary in order to record complete and correct entries as to
personnel hours charged to this engagement, and any expenses for which CONTRACTOR
expects to be reimbursed, if applicable. Such books and records will be available at all
reasonable times for examination and audit by CITY and shall be kept for a period of three(3)
years after the completion of all work to be performed pursuant to this Agreement,or for such
longer period as is required by law. Incomplete or incorrect entries in such books and records
will be grounds for disallowance by CITY of any fees or expenses based upon such entries.
15.4 Ownership of Documents:
Reports, surveys,plans, studies and other data provided in connection with this Agreement are
and shall remain the property of City.
15.5 No Contingent Fees:
CONTRACTOR warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm, other than a bona fide employee working solely for CONTRACTOR, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this provision, the CITY
shall have the right to terminate the Agreement without liability at its discretion,to deduct from
the contract price, or otherwise recover the full amount of such fee, commission, percentage,
gift or consideration.
15.6 Notice:
Whenever any party desires to give notice unto any other party, it must be given by written
notice, sent by registered United States mail, with return receipt requested, addressed to the
party for whom it is intended and the remaining party, at the places last specified, and the
places for giving of notice shall remain such until they shall have been changed by written
notice in compliance with the provisions of this section. For the present, the CONTRACTOR
and the CITY designate the following as the respective places for giving of notice:
Page 10 of 15
CITY: Newall Daughtrey,Acting City Manager
780 Fisherman Street,4th Floor
Opa-locka,Florida 33054
COPY TO: Vincent Brown, City Attorney
780 Fisherman Street,4th Floor
Opa-locka, Florida 33054
COPY TO: Airia Austin, CIP\Public Works Director
780 Fisherman Street,4th Floor
Opa-locka,Florida 33054
CONTRACTOR: Mohammed S Islam,President
Diamanti Construction&Development,Inc.
3832 Parkside Circle
Palm Springs,FL 33461
561.301.7191
Email:diamanticonstructionfl @gmail.com
15.7 Binding Authority:
Each person signing this Agreement on behalf of either party individually warrants that he or
she has full legal power to execute this Agreement on behalf of the party for whom he or she is
signing, and to bind and obligate such party with respect to all provisions contained in this
Agreement.
15.8 Exhibits:
Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The
exhibits if not physically attached should be treated as part of this Agreement and are
incorporated herein by reference.
15.9 Headings:
Headings herein are for convenience of reference only and shall not be considered on any
interpretation of this Agreement.
15.10 Severability:
If any provision of this Agreement or application thereof to any person or situation shall,to any
extent, be held invalid or unenforceable, the remainder of this Agreement, and the application
of such provisions to persons or situations other than those as to which it shall have been held
Page 11 of 15
invalid or unenforceable shall not be affected thereby, and shall continue in full force and
effect,and be enforced to the fullest extent permitted by law.
15.11 Governing Law:
This Agreement shall be governed by the laws of the State of Florida with venue lying in
Miami-Dade County,Florida.
15.12 Disputes:
Any claim, objection, or dispute arising out of the terms of this Agreement shall be litigated in
the Eleventh Judicial Circuit Court in and for Miami-Dade County.
15.13 Attorney's Fees:
To the extent authorized by law,in the event that either party brings suit for enforcement of this
Agreement,the prevailing party shall be entitled to attorney's fees and court costs in addition to
any other remedy afforded by law.
15.14 Extent of Agreement:
This Agreement,together with all contract documents,and all exhibits hereto or to the contract
documents, represents the entire and integrated agreement between the CITY and the
CONTRACTOR and supersedes all prior negotiations, representations or agreements, either
written or oral.
15.15 Waiver:
Failure of the CITY to insist upon strict performance of any provision or condition of this
Agreement, or to execute any right there in contained, shall not be construed as a waiver or
relinquishment for the future of any such provision, condition, or right, but the same shall
remain in full force and effect.
15.16 Equal Opportunity Employment:
CONTRACTOR agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of race, color, religion, sex, age, national
origin, or disability and will take affirmative steps to ensure that applicants are employed and
employees are treated, during employment, without regard to race, color, religion, sex, age,
national origin or disability. This provision shall include, but not be limited to,the following:
employment upgrading, demotion or transfer; recruitment advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training, including
apprenticeships.
Page 12 of 15
ARTICLE 16
NOTICE TO PROCEED
The CONTRACTOR shall commence work within five(5)working days from the date of
the Notice to Proceed(NTP),or the issuance of permit by jurisdictional authorities,
whichever comes later.No work shall begin without NTP.Residents must be given at
least 48 hours notice to commence construction at the site.
Page 13 of 15
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
CITY OF OPA-LOCKA
ATTEST:
t y- BY:
Flores,CMC New:t 1 Daugh m ey
Ci 'Clerk Acting City Manager
APPROVED AS TO FORM:
\I\ E
The Brown Law Group,LLC,City Attorney
Diamanti Construction&Development,Inc.
SES:
(Name&Signature) Authorized Representative
(Name&Signature)
ATTEST:
(Name&Signature)
Page 14 of 15
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year
first written above.
CITY OF OPA-LOCKA
A I EST:
BY:
Joanna Flores,CMC Newall J. Daughtrey
City Clerk Acting City Manager
APPROVED AS TO FORM:
Vincent Bro . ,City Attorney
Mohammed S Islam
Diamanti Construction&Development,Inc.
WITNESSES:
r ! `�A SrrvTN1A AW '
(Name&Signature) Authorized Representative
(Name&Signature)
ATTEST: 4 i ,p"'"�"" NotmY PuMb c State a Fbrida
- . MHOIMDHURV G 3
N'�i` MY Co 10171:0 GG 38434
E AS 44,-A
ExpUea 10l13J2020
(Name&Signature)
Page 14 of 15
Exhibit "A"
RECEIVED PROPOSAL
Diamanti Construction & Development, Inc.
DIAMANCI CONSTRUCTION & DEVELOPMENT, INC
STATE.LICENSE#COC 1524£41
Dated:June 20. 2018
SANITARY SEWER CONSTRUCTION COST ESTIMATE(BAHMAN AVENUE)WOW ritra, l'1 rstoda
MOBILIZATION 1 LS $ 10,000.00 $ 10,000.00
EXISTING 18"CLAY PIPE BURSTING
AND REPLACE WITH HDPE PIPE 1 LS $ 250,000.00 $ 250,000.00
6" SERVICE LATERAL 4 EA $ 4,000.00 $ 16,000.00
PAVEMENT RESTORATION 1 IS $ 9,000.00 $ 9,000.00
MOT 1 LS $ 5,000.00 $ 5,000.00
UTILITY SCREENING 1 LS $ 9,000.00 $ 9,000.00
TEMPORARY SEWER MAINTENANCE FOR LATERAL SEWER 1 IS $ 44,000.00 $ 44,000.00_
TOTAL CONSTRUCTION COST $ 343,000.00
BOND 1 IS $ 6,000.00 $ 6,000.00
TOTAL SUBTOTAL $ 349,000.00
EMAIL:DMMANTICONSTRUCTJO.NFL @GMAIL.COM;CELL:561-301-7191
Page 15 of 15
LOCk
4
at
Newall J. Daughtrey Phone: (305) 953-2821
Acting City Manager Fax : (305) 953-2870
June 25,2018
Mohammed S Islam
Diamanti Construction&Development, Inc.
3832 Parkside Circle
Palm Springs,FL 33461
Cell: (561)301-7191
diamanticonstructionfl@gmail.com
RE:Notice to Proceed(NTP)for Sanitary Sewer Pipe Installation
Dear Mr. Islam:
This letter shall serve as a"Notice to Proceed"from the City of Opa-Locka to your firm to begin the
Sanitary Sewer Pipe Installation in Bahman Avenue in accordance with the agreement effective from
June 25,2018.
For any additional questions or comments, please contact Airia Austin,CIP\Public Works Director at
(305)953-2868,extension 1214 or aaustin @opalockafl.gov.
Sincerely,
Newall J.Daughtrey
Acting City Manager
cc: Airia Austin,CIP\Public Works Director
Carlos Gonzalez,CIP Project Manager
Ycsly Guillcn,CIP Coordinator
CITY HALL •780 FisherrnanSTREEr,OPA_LOCKA, FLORIDA 33054 •(305)953-2868
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF AGE,SEX,RACE,RELIGION,
COLOR,NATIONAL ORGIN,DISABLITY,MARTIAL STATUS,VETERAN STATUS OR HANDICAP